Asked To Perform H-1B Job Activites Not Described In The Petition

[sandy_s206]

I got the below information from USCIS website:

Q : Who can an H-1B alien work for?

H-1B aliens may only work for the petitioning U.S. employer and only in the H-1B activities described in the petition. The petitioning U.S. employer may place the H-1B worker on the worksite of another employer if all applicable rules (e.g., Department of Labor rules) are followed. H-1B aliens may work for more than one U.S. employer, but must have a Form I-129 petition approved by each employer.


"H-1B aliens may only work for the petitioning U.S. employer and only in the H-1B activities described in the petition"


The above line clearly says that I have to work only the activities described in the petition, but my employer is asking me to do more than that... like software architect, Team lead but all these responsibilities are not mentioned in the petition. I feel its an over head burden for me and i dont want to take all these responsibilities.

I said the same to my employer that I can only be a developer, now he is threating me to cancel my H1B so I transfered my H1B to another employer....

But the problem is the contract that I have with my employer which clearly says that I need to work for 18 months or else I need to pay the 10000$.

can i show this as a reason and leave the employer with out any legal issues....

i am attending the interviews and I have the details of the interviews in which the responsibilities clearly shows as an architect or team lead...

Please suggest....

[Mr. Knowitall]

As we can only really guess, I suggest taking the petition and your job description to an immigration lawyer and getting a meaningful assessment of the situation and your rights. Take your employment contract too, for review of the "liquidated damages" clause.